CRAIG JOHNSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
CRAIG JOHNSON, APPELLANT,
STATE OF FLORIDA, APPELLEE
207 So. 3d 254
Florida District Court of Appeal, Fifth District (2016)
Opinion of the Court
Craig Johnson appeals the second order summarily denying his rule 3.850 motion for postconviction relief, which was remanded back to the trial court for reconsideration of part of claim three alleged in the motion. See Johnson v. State, 186 So.3d 629 (Fla. 5th DCA 2016). On remand the trial court denied the claim and attached a jury instruction, which does not conclusively refute the claim. Accordingly, we reverse the order under review and remand this case for an evidentiary hearing.
REVERSED and REMANDED.
SAWAYA, EVANDER and COHEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Griffith v. Ramzey's A Plus, Inc., 186 So. 3d 629 (Fla. 5th DCA 2016)
- Johnson v. State, 186 So. 3d 629 (Fla. 5th DCA 2016)